As in any change to standard forms it is important to identify where you
have changed the mandatory form. LBR 9009-1 addresses how to do this. I
doubt that adding another unsecured creditor class would go unnoticed, I
would probably just format it the same as the other classes and then in the
class description mention why the class was needed. You will likely want
to mention Loop 76 in your confirmation memo.
I added the following Miscellaneous Provisions to the form plan:
A. *Miscellaneous Provisions*.
1)*Unclaimed Property:* Payments made pursuant to the terms of the Plan
that are unclaimed as of three months following the date on which such
distributions are made, such as when payments have been returned as
undeliverable without a proper forwarding address, will be referred to as
such Unclaimed Property shall no longer be entitled to any payment on
account of its allowed claim; such claims shall be deemed disallowed for
all purposes; and the remaining cash constituting Unclaimed Property shall
revest in the Debtor.
2) *Modification of the Plan:* The Debtor may modify the Plan at any time
before confirmation. However, the Court may require a new disclosure
statement and/or re-voting on the Plan, unless the modification relates
only to the extension of the Effective Date, which modifications shall not
require a new disclosure statement and/or re-voting on the Plan. Pursuant
to 11 U.S.C. 1127(e), because the Debtor is an individual, the Plan may
be modified at any time after confirmation, but before completion of
payments under the plan, whether or not the Plan has been substantially
consummated.
3) *Post-Confirmation Status Report(s):* Within 120 days of the entry of
the order confirming the Plan, the reorganized debtor shall file a status
report explaining what progress has been made toward consummation of the
confirmed Plan. The status report shall be served on the United States
Trustee, the twenty largest unsecured creditors, all secured creditors, and
those parties who have requested special notice. Thereafter, for as long
as this case is open, the Debtor shall file and serve quarterly
post-confirmation reports upon the U.S. Trustee, and any requesting party.
4) *Quarterly Fees:* Quarterly fees accruing after confirmation shall be
paid to the United States Trustee in accordance with 28 U.S.C. 1930(a)(6)
until entry of a final decree, or entry of an order of dismissal or
conversion to another chapter of the Code.
5) *Early Final Decree:* Once the estate has been fully administered as
referred to in FRBP 3022, the reorganized Debtor shall file a motion with
the Court to obtain a final decree and close the case. The bankruptcy case
shall be fully administered when (1) the order confirming the Plan has
become final; and (2) payments under the Plan have commenced. A final
decree may be issued notwithstanding that future payments remain due under
the Plan.
6) *Entry of Discharge:* Upon the completion of payments under the Plan,
the Debtor may petition the Court to reopen the case for entry of a
discharge pursuant to U.S.C. 1141(d)(5)(A). At any time prior to the
completion of payments under the Plan, pursuant to U.S.C. 1141(d)(5)(B),
Debtor may petition the Court, after notice and a hearing, for the entry of
a discharge if (i) the value, as of the Effective Date, of the property
distributed under the Plan on account of each unsecured claim is not less
than such claim would have been paid under chapter 7 on such date, and (ii)
modification of the Plan under U.S.C. 1127 is not practicable.
I added too the form disclosure statement the following:
*Certificate of Substantial Compliance Pursuant To LBR 9009-1*
The Court in this case has made the use of this Local Bankruptcy Form
(LBR) F 2081-1.DISCLSR.STMT Individual Debtors Disclosure Statement
in Support of Plan of Reorganization a mandatory form in individual
chapter 11 cases. This Disclosure Statement contains the same substance as
the court-approved form with the following modifications:
a. An Introductory Section which follows includes 1) a description and
history of the Debtor, 2) events precipitating the Debtors bankruptcy
filing, and 3) significant events during the bankruptcy case.
b. Elimination of language relating to treatment of Priority Unsecured
Creditors in Part 1, Paragraph C.
c. Exhibits F through K have been added to the List of Exhibits and are
attached to the Disclosure Statement.
*Link Schrader, Attorney*
Law Office of Link W. Schrader
P.O. Box 3723, Tustin, CA 92781
Office: (714) 542-5922; Mobile/Text: (310) 413-6924
Fax: (310) 878-4158;
www.schrader-law.com
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